Terms & Conditions

Kids-e-Dental LLP and its affiliates website located at “https://Kidsedental.com/” (this “Site” or “Website”), which is owned by Kids-e-Dental LLP and its affiliates (“us”, “we”). It is strongly recommended that the User, before proceeding with the use of this website or submitting any personal or financial details or before availing any services provided through this website, should read carefully the following ‘Terms of Use’ of this website, as detailed herein below, understand the implications of each of the said clauses and agree and accept to each of the said clauses. The User’s use of this Website shall be governed by the provisions of this document as applicable to the Website. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting any transaction electronically.

This ‘Terms of Use’ document shall be treated parallel to a legally binding agreement between Kids-e-Dental LLP and its affiliates and the User. These Terms are effective as of 26.11.2018.

CONTENT MANAGEMENT

The domain name and all contents of this Site are owned by Kids-e-Dental LLP and its affiliates. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excerpts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the content are copyrighted as a collective work under Indian copyright laws (collectively, the “Content”).

Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Kids-e-Dental LLP and its affiliates.

Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without the prior written consent of Kids-e-Dental LLP and its affiliates. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site, is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Kids-e-Dental LLP’ intellectual property rights.

USER INFORMATION

(a)The User wishes to gain, for his own use, more information about Kids-e-Dental LLP and its affiliates and its services/ products offered through this Website, and also the other information regarding the market practices, policies, opinions/ statements of experts, feedbacks etc. and incidental to the services offered through this Website.

(b)All personal information entered by the User in using this website and during the use of this the Website is done voluntarily.

(c)Subsequent to registration, all personal/ financial/ professional information entered by the User while searching and placing the order for purchasing any products offered through this Website and enquiring for any such products available therein is done voluntarily.

(d)In using the Website, the User shall be responsible for maintaining the confidentiality of his/her Login details and Password and the User shall be responsible for all activities that occur under his/her Login details and Password. The User agrees that if any of the information provided during searching and placing the order for purchasing any products offered through this website is or discovered at a later date to be untrue, inaccurate or incomplete or Kids-e-Dental LLP and its affiliates has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, or not in accordance with this Terms of Use, then it shall have the right to indefinitely suspend or terminate or block access of that User to this Website.

SCOPE

Through this website – https://Kidsedental.com/, Kids-e-Dental LLP and its affiliates is engaged in marketing and selling of dental products and equipments, via online/e-commerce medium and via its distribution channels.

If the Users so desire, they may place the order for purchasing such products displayed on the Website, through the Website. However, it is informed and submitted to all the Users that Kids-e-Dental LLP and its affiliates does not promote or persuade any of the Users to purchase the said products listed in the website. Therefore, it is required that the Users go through and read the description and other content available along with the products and exercise reasonable diligence while placing orders for purchasing any product listed and displayed on the website.

OBLIGATIONS OF THE USERS

(a)The accuracy of the data and information provided by the User to Kids-e-Dental LLP and its affiliates for the registration and searching the desired product through the Website shall be the sole responsibility of the User.

(b)The User agrees that all such data entered into in this Website shall be subject to the mandatory verification process of Kids-e-Dental LLP and its affiliates.

(c)The User will ensure compliance with all instructions given by Kids-e-Dental LLP and its affiliates from time to time to enable the use of the services via this Website.

(d)The User shall be solely responsible for all information retrieved, stored and transmitted through the Website by him/her.

(e)The User shall keep confidential and not disclose to any person the User’s password and any other login details and all activities and transmission performed by the User through his user login details.

(f)The User shall immediately notify Kids-e-Dental LLP and its affiliates of any unauthorized use of the User’s account or any other breach of security as soon as it comes to the knowledge of the User.

(g)The User agrees that any data entered in this Website can and shall be saved, used and commercially exploited by Kids-e-Dental LLP and its affiliates as it may deem fit.

PROHIBITED ACTIONS

(a)User is restrained from allowing any person other than the authorized person(s) to access the Website or his account on his behalf.

(b)The User undertakes not to resell or assign his/her rights or obligations under these Terms of Use and also agrees not to make any unauthorized commercial use of the services rendered hereunder.

(c)The User shall comply with all applicable laws and shall not contravene any applicable laws relating to the services as applicable hereunder.

(d)The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any other user on this Website except such data and information which is posted by the particular User himself.

(e)The User shall not share the services with any person without the prior written approval of Kids-e-Dental LLP and its affiliates.

(f)The User shall not use the service for any unlawful purpose including without limitation to criminal purposes.

(g)The User shall not infringe any intellectual property rights of Kids-e-Dental LLP and its affiliates in this Website and/or retain information in any computer system or otherwise with an intention to do so.

(h)The User hereby grants to Kids-e-Dental LLP a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the information provided by the User in this Website. Such information shall be deemed to be the property of Kids-e-Dental LLP and its affiliates and the User shall take all reasonable steps that the same is accurate, complete and is not misleading.

(i)The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or “https://Kidsedental.com/” network system.

(j)In the event that the User breaches any of the above mentioned covenants, Kids-e-Dental LLP and its affiliates shall have the right to delete any material relating to the violations. Kids-e-Dental LLP and its affiliates reserves the unilateral right to suspend or/and deactivate the User’s access to “https://Kidsedental.com/” and/or any other related facility in case of violation of these Terms of Use.

CHILDREN ONLINE PRIVACY PROTECTION ACT

Our Website is not intended for children under 13 years of age. No one under age 13 shall provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any payments through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at enquiry@kids-e-dental.com

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.

If you are living in the EU and are under the age of 16, it is required by law that you obtain consent from your parents before subscribing to any email list. We do not target, cater or provide products or services for 16 years and under and thus do not have a parental approval process.

EXTERNAL LINKS

As a convenience to you, Kids-e-Dental LLP and its affiliates may provide links to websites and access to content, products and services of third parties, including without limitation, Kids-e-Dental LLP and its affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Some of those links contain trackable cookies, which means that website owner will know that their website has shown up in your website browser more than once. And they may know that you visited this website before you visited their website.

Kids-e-Dental LLP and its affiliates does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Kids-e-Dental LLP and its affiliates or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all Indian laws, including Indian copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner and/or the ISP.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to: Kids-e-Dental LLP and its affiliates (enquiry@kids-e-dental.com)

Code of Conduct

Kids-e-Dental LLP and its affiliates’ Code of Conduct is communicated to and signed by all our distributors/supply chain partners. This Code of Conduct was developed using established international frameworks, including the International Bill of Human Rights and the ILO Fundamental Principles and Rights at Work — such as the Forced Labour Convention (No.29), Abolition of Forced Labour Convention (No.105), Minimum Age Convention (No. 138) and Worst Forms of Child Labour Convention (No. 182) amongst others. In addition, the Code of Conduct draws from the ETI Base Code, recognized as one of the leading frameworks in the global industry.

NO WARRANTIES

Kids-e-Dental LLP and its affiliates makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Kids-e-Dental LLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

Without prejudice to the generality of the foregoing paragraph, Kids-e-Dental LLP and its affiliates does not warrant that this Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or non-misleading.

MAINTENANCE

Kids-e-Dental LLP and its affiliates may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website and/or the services (as the case may be) without notice to carry out system maintenance/upgrading/testing/repairs/other related work. Without prejudice to any other provisions of this Terms of Use, Kids-e-Dental LLP and its affiliates shall not be liable for any loss/damage/costs/expense that the User may suffer or incur in this regard, and no fees/ charges payable by the User to Kids-e-Dental LLP and its affiliates shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

TRADEMARK

All the icons and logos in this website are registered trademarks or trademarks or service marks of Kids-e-Dental LLP and its affiliates in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall make the offender liable under all the applicable laws.

COPYRIGHT

All content on this Website is the copyright of Kids-e-Dental LLP and its affiliates except the third party content and links to third party website on the Website.

Any systematic retrieval of Kids-e-Dental LLP and its affiliates content to create or compile a collection, compilation, database or directory without the express written permission from Kids-e-Dental LLP is strictly prohibited.

In addition, use of the content for any purpose not expressly permitted under this Terms of Use is prohibited and may result in legal action. As a condition of the User’s access to and use of the services, the User agrees that he/she will not use the Website to infringe the intellectual property rights of others in any way. Kids-e-Dental LLP and its affiliates reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of the Website, or if Kids-e-Dental LLP believes that user(s) conduct is harmful to the interests of Kids-e-Dental LLP and its affiliates, its affiliates, or other users, or for any other reason in its sole discretion, with or without cause.

INTELLECTUAL PROPERTY RIGHTS

(a) Kids-e-Dental LLP and its affiliates being the sole licensed owner of the Website, the domain name and its content which includes without limitation to design, layout, text, images, graphics, sound, video etc., and therefore is the owner of all the intellectual property rights and the related rights, as the case may be. All rights not otherwise claimed under this Terms of Use, are hereby reserved.

(b) The User has no right to use or copy any of the trade names, trademarks, service marks, logos, domain names, designs or any other distinctive brand features of Kids-e-Dental LLP and its affiliates or of any other person as may be displayed on this website or which is linked to, through this website.

LIMITATIONS OF LIABILITY

Kids-e-Dental LLP and its affiliates will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

To the extent that the website is provided free-of-charge, for any direct loss;

For any indirect, special or consequential loss; or

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

IN NO EVENT SHALL KIDS-E-DENTAL LLP AND ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF KIDS-E-DENTAL LLP AND ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, under no circumstances shall Kids-e-Dental LLP and its affiliates or any other party involved in creating, producing, or distributing through this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) that result from

(a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site;

(b) personal injury or death caused by your use or misuse of this Site;

(c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; 

(d) unauthorized access to or alteration of your transmissions or data; and

(e) any other matter relating to our Site.

You hereby acknowledge that this paragraph shall apply to all products available through this Site. Notwithstanding the above, Kids-e-Dental LLP and its affiliates’ sole liability for any reason to you, and your sole and exclusive  remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments user of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if, for instance, someone claims you are a car thief, you have to sue them not us.

TOLERANCES

All products are produced to standard commercial specifications and tolerances. The manufacturer does not warrant any defects or variances in specification. Our liabilities are limited to the cost of the defective material only (no labor or machining costs). Our standard cutting tolerance is +/-0.062 (1/16″ inch) and the thickness tolerance is +/- 10%.

We retain all rights (including copyrights, trademarks, patents as well as any other intellectual property rights) in relation to the contents of and all information provided on this website (including all texts, graphics, logos and other representations).

This website and disclaimer shall be governed by and construed in accordance with all the applicable laws of India. All disputes arising out of or in connection with this disclaimer or use of this website shall be submitted to the exclusive jurisdiction of the courts at Mumbai.

INFORMATION SECURITY

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

However, the internet is an ever evolving medium. We may change our Privacy Policy (available on this Website) from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.

INFORMATION SHARING

We share the sensitive personal information to any third party without obtaining the prior consent of any user in the following limited circumstances:

(a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms of Use; for complying with the applicable laws and regulations.

(b) We proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with our Privacy Policy (available on this Website) and any other appropriate confidentiality and security measures.

COOKIES

To improve the responsiveness of the sites for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalized Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.

Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our Website. (Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our Website to the interests of our users, to measure traffic within our Website and let advertisers know the geographic locations from where our visitors come.

UNSOLICITED INFORMATION

(a)The User agrees and accepts that it has not received any unsolicited invitation or advice or invitation from Kids-e-Dental LLP and its affiliates or any of its members or authorized representatives to view this Website.

(b)In the event the User has received an unsolicited invitation from Kids-e-Dental LLP and its affiliates, its members or authorized representatives to view this Website, please provide details about such invitation, including the reference of the person(s) who has made such invitation, by sending an email to enquiry@kids-e-dental.com

ASSIGNMENT

Kids-e-Dental LLP and its affiliates shall have the right to assign its rights and responsibilities under this Terms of Use to any third party without informing or requiring any consent to any of the Users.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

GOVERNING LAW

Use of this Site is governed by the Indian law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.

ACKNOWLEDGEMENT

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

CHANGES TO OUR PRIVACY POLICY AND TERMS OF USE

Kids-e-Dental LLP and its affiliates may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.

Kids-e-Dental LLP and its affiliates also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Kids-e-Dental LLP and its affiliates may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Kids-e-Dental LLP and its affiliates will not be liable to you or any third party in the event that Kids-e-Dental LLP exercises its right to modify or terminate access to this Site or portions of this Site.

It is our policy to post any changes we make to our privacy policy (available on this Website) on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Price and availability information on this Site are subject to change without notice.

Need to complain? Need to compliment?

Please do not hesitate to call us and discuss any situation for which you have not received proper service or have incurred a difficulty with a material product that we have sold to you. If you would prefer to drop an e-mail to the Kids-e-Dental LLP and its affiliates, please do so at enquiry@kids-e-dental.com, and you will receive a prompt response.

We do encourage you to contact us with related questions and issues on using Kids-e-Dental materials.

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